Riverside Co/CV Air Quality 09GRANT AWARD & AUTHORIZATION AGREEMENT
The County of Riverside (the "County"), and the City of La Quinta (the "Grantee") hereby
enter into the following GRANT AWARD & AUTHORIZATION AGREEMENT (the
"Agreement"):
RECITALS
WHEREAS, the County issued a Request for Proposals for regional air quality
enhancement projects, to be funded from the Coachella Valley Air Quality Enhancement
Trust Fund; and
WHEREAS, in response to the County's request, the Grantee submitted a proposal for a
Coachella Valley Air Quality Enhancement Project, which was subsequently reviewed by
the Coachella Valley Air Quality Advisory Committee and recommended for funding; and
WHEREAS, on May 19, 2009, the Riverside County Board of Supervisors approved the
recommendations of the Coachella Valley Air Quality Advisory Committee and authorized
the County Executive Office to enter into an Agreement with the Grantee;
NOW, THEREFORE, in the joint and mutual exercise of their powers, and in consideration
of the above premises and of the mutual covenants herein contained and for other valuable
consideration, the parties hereto agree as follows:
SECTION 1. DEFINITIONS
(a) "COUNTY" shall mean the County of Riverside, a political subdivision of the
State of California.
(b) "GRANTEE" shall mean the City of La Quinta.
(c) "AGREEMENT" shall mean that certain Grant Award & Authorization
Agreement between the County and the Grantee dated /A,. 2009.
(d) "PROJECT" shall mean the regional air quality enhancement project to be
conducted by the; Grantee for positive benefit to regional air quality in the Coachella Valley.
SECTION 2. PURPOSE
The purpose of this Agreement shall be implementation and operation of a regional air
quality enhancement program for the Coachella Valley. The Scope of Work to be
performed by the Grantee pursuant to this agreement is attached hereto as Exhibit "A" and
is incorporated herein by this reference.
SECTION 3. ADMINISTRATION
The County Chief Executive Officer (or his designee) shall administer this Agreement on
behalf of the County. All reports, notices or other documentation shall be submitted to the
County Executive Office at the address set forth in Section 13.
SECTION 4. TERM
The term of this Agreement shall be one year from the final execution date. Approved
project must be completed within the one year term. Extensions of this time period may be
requested in writing and sent to the address set forth in Section 13.
SECTION 5. ALTERATION
No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto. The Board of
Supervisors and the County Executive Officer are the only authorized County
representatives who may at any time, by written order, make alterations within the general
scope of this agreement.
SECTION 6. TERMINATION
The County may terminate this Agreement upon thirty days written notice to the Grantee
for any of the following reasons:
(a) In the event the Grantee fails to perform the covenants herein contained at
such times and in such manner as is herein provided; or
(b) In the event there is a conflict with any federal, state, or local regulation, or
rule rendering any of the provisions of the Agreement invalid or untenable;
SECTION 7. DOCUMENTATION OF EXPENDITURES
All expenditures made pursuant to the Agreement shall be properly supported by
appropriate accounting documents, and such documents shall be maintained in
accordance with accepted accounting principles, practices, and procedures. The Grantee
shall maintain and keep available all such documents for a period of not less than five (5)
years after its Final Report has been submitted to the County as required by Section 9
herein, and be available for audit by the County.
SECTION 8. PAYMENTS
(a) The total payment due to the Grantee under this Agreement is $ 50,000
which will be used to support a Landscape Water Development project.
(b) Payments shall be made to the Grantee upon receipt and approval of the
reports and invoices as required in Section 9 below. Invoices for vehicle purchases must
include proof of purchase and delivery.
(c) The County Executive Office shall review invoices in a timely fashion, and
submit them to the Auditor -Controller for payment.
SECTION 9. REPORTS
The Grantee shall submit quarterly performance reports. The fourth quarter report shall
include an invoice for payment and be submitted within forty-five (45) days of the one year
term, project completion and/or vehicle purchase and receipt. In the event the project is
completed prior to the end of a twelve month period, the Grantee need only submit reports
for the quarters preceding the end of the project.
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SECTION 10. INSPECTIONS
The Grantee shall make available to the County for inspection and audit its records and
data with respect to all matters covered by the Agreement. Inspections and audits maybe
made at any time after reasonable notice is given the Grantee.
SECTION 11. INDEPENDENT CONTRACTOR
The Grantee is, for purposes arising out of this Agreement, an independent contractor, and
shall not be deemed to be an employee of the County. Contractor is not, and shall not be
considered to be in any manner, an employee, agent or representative of the County.
Personnel providing services under this Agreement on behalf of Contractor shall at all
times be under Contractor's exclusive direction and control.
SECTION 12. FAIR EMPLOYMENT PRACTICES
The Grantee shall not discriminate in the hiring of persons to fulfill its requirements
hereunder based on race, religion, national origin, sex, age, medical disability or marital
status, exclude any person from participation in, deny any person the benefit of, nor
subject any person to discrimination under any program or activity funded pursuant to this
Agreement.
SECTION 13. NOTICES
Any notices required or desired by either party shall be addressed to the respective parties
as set forth below and are deemed submitted one day after their deposit in the United
States mail, postage prepaid:
Coun
County of Riverside
County Executive Office
4080 Lemon Street, 4th Floor
Riverside, CA 92501
Attn: Robert W. Tremaine
Grantee
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
SECTION 14. COMPLIANCE WITH LAW
The Grantee shall comply with all Federal, State and local laws and regulations pertinent to
its operations and the activities to be performed hereunder. The Grantee, its employees,
and/or agents shall keep in effect any and all licenses, permits, notices, and certificates as
are required thereby.
SECTION 15. INCORPORATED MATTERS
The Grantee expressly represents that all documents incorporated by reference herein,
and matters within such documents, have been reviewed and understood.
SECTION 16. ASSIGNMENT
Neither this Agreement nor any part hereof shall be assigned by the Grantee without the
prior written consent of the County.
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SECTION 17. WAIVER OF PERFORMANCE
No waiver by the County at any time of any of the provisions of this Agreement shall be
construed as a waiver at any time thereafter of the same or any other provisions contained
herein or of the strict and timely performance of such provisions.
SECTION 18. INDEMNIFICATION
The Grantee shall indemnify, and hold harmless the County, Special Districts, their
respective directors, officers, the Board of Supervisors, employees, elected officials and
agents from any liability whatsoever arising from the negligence of the Grantee and relating
to or in any way connected with the accomplishment of the work or performance of
services under this Agreement. As part of the foregoing indemnity, the Grantee agrees to
protect and defend at its own expense, including attorney's fees, the County, Special
Districts, their respective directors, officers, Board of Supervisors, employees, elected
officials and agents in any legal action based upon any such alleged acts or omissions.
SECTION 19. SEVERABILITY
The invalidity of any provision in this Agreement as determined by a court of competent
jurisdiction shall in no way affect, except as provided in Section 15, the validity of any other
provision herein.
SECTION 20. PARAGRAPH HEADINGS
The paragraph headings herein are for the convenience of the parties only, and shall not
be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of
the provisions or language of this Agreement.
SECTION 21. ENTIRE AGREEMENT
This Agreement is intended by the parties hereto as the final expression of their agreement
and understanding with respect to the subject matter hereof, and supersedes any and all
prior and contemporaneous agreements and understandings, oral and/or written, in
connection herewith. This Agreement may be changed or modified only upon written
consent of the parties hereto.
[Balance of Page Intentionally Left Blank]
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IN WITNESS WHEREOF, the parties below haZe caused their duly authorized
representatives to execute this Agreement on the � day of
2009.
ATTEST:
COUNTY OF RIVERSIDE
Name: Bill Luna
Title: County Executive Officer
Date: i Z' o
Approved as to Form:
Pamela J. Walls,
County Counsel
Title: Principal Deputy County Counsel
Date: July 7, 2009
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GRANTEE
Name: Thomas P. Genovese
Title: City Manaeer -
Date:
EXHIBIT
County of Riverside
Coachella Valley Air Quality Enhancement Grant Program
In Conjunction With The
Coachella Valley Air Quality Advisory Committee
Grant Award & Authorization Agreement Proposals
from the
City of La Quinta
[See Attached 5 Pages]
[9
COLMAC AIR QUALITY ENHANCEMENT FUND
COACHELLA VALLEY AIR QUALITY ENHANCEMENT PROJECTS
PROJECT PROPOSAL
1. ORGANIZATION NAME AND MAILING ADDRESS
City of La Quinta
P.O. Box 1504
78495 Calle Tampico
La Quinta, CA 92253
2. PROJECT MANAGER
Bret M. Plumlee, Assistant City Manager — Management Services
Telephone: (760) 777-7065
Email: bplumlee@la-quinta.org
3. FISCAL ADMINISTRATOR
John Falconer, Finance Director
Telephone: (760) 777-7075
Email: jfalconer@la-quinta.org
4. PROJECT SCOPE
A. DESCRIBE THE PROPOSED PROJECT, INCLUDING PROJECT GOALS
AND OBJECTIVES
BACKGROUND
The Coachella Valley is currently designated as a serious non -attainment area
for PM10 (particulate matter with an aerodynamic diameter of 10 microns or
less). Under the Federal Clean Air Act, an area can be designated as
attainment if, among other requirements, the Environmental Protection Agency
(EPA) determines that the national ambient air quality standards have been
attained; with the determination of compliance based on three complete,
consecutive calendar years.
To remove the designation as a serious nonattainment area, the 2002
Coachella Valley State Implementation Plan was developed through the
collaborative efforts of the South Coast Air Quality Management District
(SCAQMD) and the local regional council of governments: the Coachella
Valley Association of Governments and local stakeholders. It assessed current
local and AQMD regulations compared to the most stringent measures
currently in use throughout the country. With the commitment to adopt and
implement the relevant most stringent measures, the area requested and was
granted a five (5) year extension of the attainment date (from 2002 to 2006) by
the EPA. Coachella Valley intends to apply for attainment designation for the
years 2006, 2007 and 2008 based on compliance to new EPA air quality
standards.
The dusty process of "scalping" has long been known for the massive amount
of dirt, pollen and tiny bits of grass that is kicked up in the air. This dust can be
a serious health risk for people with breathing related problems. It also
worsens the already significant dust problem. The dust becomes a component
of PM10, negatively impacting air quality and quality of life. Most
environmental experts agree that the biggest change must be made at the
local level and the Cooperative Landscape Water Development Program
(Program) can aid in continuing to achieve attainment designation.
The City of La Quinta (City) and Coachella Valley Water District (CVWD)
established the Program. The purpose of the Program is to establish a water
conservation program for qualifying property owners (Homeowners) in the City
which includes conversion of turf to water efficient drip irrigated landscape,
installation of curbside landscape buffers and weather based irrigation
controllers.
The Program has drawn much interest by City residents, and City staff
members are doing their part by getting the Program to the people. Recently,
City staff members were speakers at a monthly La Quinta Rotary Club
meeting. Sign-up lists were used to enlist many interested La Quinta residents
into the Program and an article in The Desert Sun highlighted details of the
event.
In order to increase visibility and participation in the Program, City staff
members plan to make presentations at future venues such as the La Quinta
Chamber of Commerce, community workshops held at City Hall and interested
homeowners associations.
As mentioned, this new Program is working and drawing a lot of interest;
however, funding is limited and will be exhausted by the middle of this current
fiscal year.
The Colmac Air Quality Enhancement Fund will assist in expanding the
Cooperative Landscape Water Development Program to include more
interested City residents thus further achieving City goals.
In September 2002, the City applied for and was awarded $36,500 to provide
evapotranspiration information to the construction community and local
enforcement officials regarding how much water should be applied to a
construction site as ambient weather conditions change throughout the course
of a day and the year, and provide community outreach and resource
information regarding PM10 control methods, legal requirements, enforcement
methods and contact information.
GOALS
The goals of the Program are to aid in the reduction of PM10, water use and
water run-off from the yards of Homeowners as a result of water efficient
landscapes.
OBJECTIVES
Objective #1 — Conversion of turf to water efficient drip irrigated landscape
(Desert Landscape). CVWD and the City have put into place a cooperative
agreement to provide landscape assistance to homeowners interested in
applying for the program. Currently there are 14 homeowners that have
applied for enrollment. There are three homeowner associations that have
expressed interest in the turf conversion to desert landscape. The additional
number of conversions will depend on the amount of funding received and the
number of applicants.
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Objective #2 — Installation of curbside landscape buffers (Buffers). Three
home owners have completed landscape conversions and have installed
buffers 24 inches between the sidewalk/ street and their remaining turf
landscape or have removed all turf. The number of additional installations will
depend on the amount of funding received and the number of applicants.
Objective #3 — Installation of Weather Based Irrigation Controllers (Smart
Controllers). CVWD has installed 145 Smart Controllers, in the City of La
Quinta to date. The number of additional installations will depend on the
amount of funding received and the number of applicants.
B. PROJECT PARTICIPANTS
The City has partnered with the CVWD on a number of water conservation
efforts, including the Cooperative Landscape Water Development Program,
Weather Based Irrigation Controller "Smart Controller" program for
homeowners and large turf customers, Coachella Valley Water District Loan
program for homeowner associations, multi family property irrigation audits and
landscape architect homeowner designs.
C. CO -FUNDING AND IN -KIND SERVICES
No co -funding is proposed. In -kind services will be provided by several City
staff members, who will implement and administer the project at no cost to the
grant.
D. PROJECT BENEFITS
This Program will help to reduce the PM10 levels in the air by eliminating
scalping thus removing the pollens emitted into the air resulting in negative
health impacts, but also to conserve electricity by using high efficiency Smart
Controllers. The result in reduced electricity usage by the Smart Controllers
will reduce the overall kilowatt output thus resulting in reduced indirect
greenhouse gas (GHG) emissions, specifically carbon dioxide emissions.
When scalping is done in the traditional manner, scalping kicks up dust, pollen
and grass that can pose health risks for people with allergies and breathing
problems. In light of the pollen problems, the City and CVWD believe that the
Program will assist in mitigating these effects.
According to Coachella Valley Association of Governments (CVAG), the
transport of dust from man-made activities has been an ongoing challenge with
all of the cities in the Coachella Valley for the last several years in meeting
federal Environmental Protection Agency (EPA) mandates for airborne fugitive
dust (PM10).
"The health impacts and public nuisance of uncontrolled dust are, and should
be, a recognized concern of everyone who works or lives in the desert
environment," a CVAG statement reads.
By replacing turf with Desert Landscaping, a Homeowner eliminates the need
for turf scalping, improves the air, saves money and results in improved air
quality in Coachella Valley.
The Cooperative Landscape Water Development Program will also help the
Coachella Valley maintain its vital PM10 pollution attainment status once it is
applied for and granted based on compliance to new EPA air quality
standards.
We contacted AQMD and at this time, there is no measurement available to
quantify the benefits of PM10 reduction with regard to returning landscaped
areas to native vegetation. However, turf replacement will reduce the PM10
thus resulting in improved air quality in Coachella Valley.
E. PROJECT PHASES AND TASKS
Each objective identified in Section 4A of this proposal is ongoing throughout
the fiscal year and represents the core components for this project. Objectives
1, 2 and 3 may be performed separately or concurrently depending on the
needs of the Homeowner.
Quarterly reports will be submitted and show progress of the program,
outreach and demonstration efforts, number of customers enrolled in the
program, specific details about which objectives were met and the benefits
received as a result. A final report will show the accumulation of the entire
year based upon the quarterly reports.
F. PROJECT SCHEDULE
Objectives 1 and 2 are initiated when a City Homeowner and customer of
CVWD: (1) completes and submits an application; (2) purchases and installs a
Smart Controller; (3) installs Buffers, or converts turf to Desert Landscape; (4)
allows CVWD representatives onto the designated site to confirm the
installation of the Smart Controller, Buffers and Desert Landscape; (5) once
approved, the Homeowner receives a rebate for up to $1,000. Rebates are
available on a first -come first served basis to eligible participants while funding
remains.
Objective 3 is initiated when a City Homeowner and customer of CVWD: (1)
completes and submits an application; (2) application is reviewed and
approved; (3) CVWD schedules and conducts a pre -evaluation visit; (4) CVWD
schedules a second visit and installs the Smart Controller.
G. BUDGET —First Year
Description Cost
Conversion of Turf to Desert Landscape
Installation of Buffers
Installation of Smart Controllers
Total $_5Q444
This funding will assist in expanding the Cooperative Landscape Water
Development Program and all funding will be needed in the first year for
customer rebates.
BUDGET — Second Year
Description Cost
Installation of Smart Controllers
Installation of Buffers
Conversion of Turf to Desert Landscape
Total
This funding will assist in expanding the Cooperative Landscape Water
Development Program and all funding will be needed in the second year for
customer rebates.
AUTHORIZED SIGNATURES
Project Manager:
Bret V. Plumlee, Assistant City Manager -
Management Services
1 Lq^(S—
Date
Authorized Representative:
l�Ga
Thomas P. Genovese, City Manager
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